1980 (3) TMI 251

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..... llate Tribunal referring for our answer the following questions of law: "(1) Whether or not conversion of paddy into rice and conversion of other grains into dal is manufacture of other goods which are different from either paddy or the whole grain, as the case may be? (2) Whether on the facts and circumstances of the case, the failure of the assessee to disclose in the quarterly returns purchas .....

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..... ate of the amount of purchase prices in respect of any goods or furnished a false return". It is clear from a bare reading of section 43 that the concealment of turnover or the aggregate of the amount of purchase prices and furnishing of a false return, to fall within the ambit of this section, must be accompanied with mens rea. If the assessee had a bona fide doubt whether the purchases of paddy .....

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..... ons referred are as follows: (1) The conversion of paddy into rice and other grains into dal amounts to manufacture. (2) The failure of the assessee to disclose in its returns purchases of paddy and other grains of the value of Rs. 8,69,778.71 did not amount to concealment of turnover making it liable for penalty under section 43. There will be no order as to costs of this reference.
Case l .....

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